05-24-21 - Handout - Mayor Glasser1
EC. OF(:) T�Le
May 7, 202
The Honorable Ron DeSantis
Governor, State of Florida
The Capitol
400 S. Monroe St.
Tallahassee, FL 32399-0001
17'414(1a,(1 -
Re:
Ae Veto Request for CS/HB 403 Home -Based Businesses
Dear Governor DeSantis:
On behalf of the 411 munidpaJites in the State of Florida, the Florida League of Cities requests that you
veto CS/H B 403.
While Florida's cities support entrepreneurship, they must balance the desire to operate a home-based
business with the potential impacts on residential neighborhoods and residential property values. Zoning
is an inherent function of local government. The primary purpose of zoning is to minimize incompatible
uses and balance competing property rights. In practice, zoning is used to prevent new development or
Florida'suses from unfairly interfering with existing uses.
cities have crafted common-sense requirements regarding commercial uses of residential prop-
erties. Local ordinances account for the differing impacts on residential uses posed by specific business
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uses within a community. For example, low -intensity uses such as professional offices may be compatible
with residential neighborhoods in some cases, while high-intensity uses such as a repair yard or a 24-hour
gym may not be compatible under any condition.
During this session, the Florida League of Cities engaged in good faith negotiations with legislators and
interested stakeholders to reach a reasonable compromise on home-based businesses. The result of those
efforts was reflected in the Senate bill CS/CS/SB 266.
Unfortunately, the final product pending before you in CS/HB 403 drastically departs from this compro-
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balance the desire to operate a home-based business with the potential adverse impacts on the property
rights ofsurrounding homeowners.
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Key provsions supported by the League of Cities that were included in B 266 but were not includ-
ed in CS/HB 403 include:
• The ability for local governments to set common-sense limitations on hours of operation. CS/HB 403
prohibits local governments from regulating a home-based business differently from other businesses in
a commercial zone. The hours of operation for a business in a commercial district may not be appropriate
for a business in a residential neighborhood.
• The ability for local governments to place limits on business signs, exterior storage and traffic generat-
ed by a home-based business. Again, these types of matters should be tailored to the residential setting
where a home-based business operates rather than defaulting to the same regulations used in commer-
cialorindustria|zones.
• The ability for local governments to prohibit business activities from occurring within view of the street.
The passage of CS/HB 403 was extremely contentious in the Florida Senate, where on the last day of the
2021 Session, the bill narrowly passed on a 19-18 vote. In a clear violation of Senate rules, three senators
who were present in the Senate chamber failed to record a vote. The Senate subsequently requested the
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sponding to the Senate's request.
If allowed to become law, CS/HB 403 will be a significant preemption of Home Rule powers and the abil-
ityof local government to balance competing property rights. Additionally, the bill will void existing local
ordinances or regulations that have tailored unique solutions to homeowner and business concerns.
For these reasons, the Florida League of Cities requests you veto CS/HB 403Thank you for your Ieadership
and your consideration on this matter.
Jeannie Garner, Executive Director
Florida League of Cities
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